The Labourers' union brought a motion arguing that a prior Board decision (the Surdykowski decision) had finally determined that crew leaders in the residential roofing industry are employers, and that this finding was binding in the current proceedings under the doctrine of res judicata.
The Carpenters opposed the motion.
The Board dismissed the motion, finding that the prior determination regarding crew leaders generally was not fundamental to the substantive decision in that case, and that there was no identity of parties or privies between the Carpenters and the parties in the prior proceeding.
The Board also declined to apply the doctrine strictly for policy reasons, ensuring the Carpenters' right to a hearing on the merits regarding the employee status of crew leaders.
